What is a Postnuptial Agreement?

March 27, 2024 | By Doppelt and Forney
What is a Postnuptial Agreement?

Do you need a top San Diego family law attorney to assist you with your postnuptial agreement? Are you not sure if a postnuptial agreement is for you? Trust the attorneys at The Law Office of Doppelt and Forney, APLC to protect your rights. Call today at 800-769-4748 to schedule a free consultation with an attorney.

Most of us have heard of a prenuptial agreement, or prenup, but fewer people are familiar with postnuptial agreements.

Like a prenuptial agreement, a postnuptial agreement is a written agreement meant to settle a couple’s assets in the event of a divorce. But unlike a prenuptial agreement, postnuptial agreements are executed after a couple is already married. Postnuptial agreements can outline wishes regarding spousal support, child support, division of assets and debts, and more.

Benefits of Postnuptial Agreements

1. Postnuptial agreements can protect your property from equal distribution in the event of a divorce. California is a community property state, which means that in a divorce, all property acquired during the length of the marriage will be split evenly between spouses.

2. Since you already had to put thought into your wishes on spousal support, division of assets and debts, etc., the postnuptial agreement can help ease the divorce process because many decisions will have already been made. This can help save you time and money.

No one should be ashamed of deciding to file a postnuptial agreement. You should feel good knowing that you will be protected if you do get a divorce in the future.

It is important to make sure your postnuptial agreement is legal and will hold up in court. It must be in writing and it must be signed voluntarily by both parties.

To ensure legality, contact a family law attorney to help you with your postnuptial agreement. Many divorce attorneys offer free consultations and will be able to help you understand how a postnuptial agreement can help you.

It is also important for each spouse to have their own lawyer look over the postnuptial agreement to make sure both parties’ rights are being protected. One divorce attorney should never represent both spouses in a postnuptial agreement, as it is a conflict of interest.

Top San Diego Lawyers for Postnuptial Agreements

Do you need an experienced family law attorney to assist you with a postnuptial agreement? Are you getting divorced and believe your postnuptial agreement is not valid? Hire a lawyer you can trust to protect your rights.

Call now at 800-769-4748 to schedule your free consultation with a seasoned family law attorney. We proudly serve clients in San Diego and surrounding communities, including Chula Vista, Coronado, Carlsbad, Encinitas, La Jolla, Oceanside, Ramona, San Marcos and Vista.